Music & Marketing: URBANIZED!

The music licensing industry is a great way many independent artists are making money. Here are five reasons why you should focus more of your time building your music licensing business:

Reason 1: It’s getting very difficult to get a record deal

The old way of making money in the music business is dead. In the past, the big record companies controlled the distribution of music, because they were the only ones who had the money to manufacture records, promote the artist, and pay for radio play. Napster started the music business revolution by allowing peer-to-peer file sharing of music. It has lead to the demise of record companies. As you know, there are lots of signed artists who are making very little money from record sales. What many people don’t know is that many of these artists are still making lots of money because they are licensing their music to movies, tv, and video game makers. They are starting to realize that music licensing is where the bulk of their money will come from. That means you better hurry before they take over the market!

Reason 2: Level Playing Field

Licensing your music gives you the opportunity to play on a level playing field with the big labels, because you don’t have to spend money to get your music licensed. All you have to do is build strong relationships with music directors, music library owners, and publishing companies. It’s not easy, but you can develop these relationships over time. The best thing about music licensing is that many independent film makers can’t afford the prices that the major labels are looking for. That means that these independent film and video game makers will look to independent artists like you for music to license.

Reason 3: Multiple Streams of Income

If you sell 100 albums to your fans, you will probably make about $1000 if you sell the albums for $10 a piece. You made $1000, but the sale ends there. In music licensing, you can make money from the same song in many different ways. When you license the song for a movie, tv show, commercial, or video game you will make a licensing fee (most times) up front. It can be anywhere from $100 to $100,000. The best part is that’s not the only way you can make money from that license. Everytime your song is played; you will get a performance royalty from your PRO. I mean EVERYTIME it’s played. Think about what could happen if your music gets licensed in a TV show that is in syndication like the Cosby Show. You could be getting paid from one song for years!

Reason 4: International Potential

Remember, if you license a song, you get paid every time it gets played. Most shows we have here in the US are also played in other countries. You can set up accounts with PRO’s in other countries to get paid for international royalties. If you sit and think about the possibilities, you will understand how some musicians make one song, and are considered set for life.

Reason 5: Depend on You

If you want to sell music to fans, you have to depend on radio play, marketing budget, and your image. In music licensing, all you have to do is worry about the quality of your music. The music supervisors are accessible, and they are looking for music to license because that’s how they make a living.

1) Licensing music is a loss of copyright control.


Licensing music is not a loss of copyright control but a transfer of the right to use a song for a certain purpose. Under the laws of the United States, a song is copyright as soon as it is fixed into a tangible medium of expression. Basically, as soon as you record your song it is automatically copyright. (Note: If you want to take someone to court for a copyright violation, you must be able to prove you recorded a song by a specific date. This is why registering with the US Copyright office or other public registration is important). As the copyright holder, a songwriter has multiple rights which they can license separately or all at once. Some of these rights include the right to sync music with images (sync license) or distribute a song via digital downloads (mechanical license). The copyright holder still maintains control of the copyright to the song and the other party has a right to use the song depending on the type of license. A license CAN limit the future use of a song from the songwriters perspective, especially when an exclusive song license is used.

2) Music licensing is always for money.

This is not always the case. Although it is nice for the songwriter to receive an upfront amount of money for the right to license their song, a song can be licensed in exchange for any benefit. For example, if I need music for my video, I may work with a songwriter to license their song in exchange for a prominent placement in the credits. In another case, a composer may license a video game theme song in return for guaranteed mechanical royalties down the road. In a time when thousands of new songs are uploaded to the internet weekly, it’s important to realize the benefit of exposure for a song while also taking into account a songwriter’s needs to be paid adequately for use of their work.

3) Most unique writing projects are legally work-for-hire.

Work-for-hire tends to be misunderstood and overused as a means to commission a song. There are two ways a song can be written as a work-for-hire. The first is if the songwriter is an actual EMPLOYEE creating the work within the scope of employment with a company. And were not talking about the IRS’s definition that basically says anyone you pay is an employee. The employer must actually be “directing, or supervising the creation of the work, in a very specific way.” As a songwriter is usually given the right to compose the piece as they see fit, it would be difficult to apply this definition to most writing cases.

The other option is if the composition meets certain rules to actually be considered as a work-for-hire. If all of the following criteria are not met, then the work is not a work-for-hire and the songwriter still owns the copyright:

-The work must be comissioned (created at the request of someone)

-It must be created under a written agreement

-And it must be created for use in one of the following: A motion picture or other audiovisual work, a collective work (a collection of individual works), a compilation, a translation of a foreign work, or a supplementary work (a work supplementing another work like an intro to a book).

The language here is a bit tricky so always be careful with work-for-hire scenarios and ensure a lawyer is consulted so that everything is in compliance.

4) Royalty-free music license means the songwriter never gets paid again.


This again depends on the way the song is used. The person licensing the song will probably not have to pay further royalties in the future to the songwriter (unless they decide to sell the song – see mechanical license above). The networks that are distributing the song cannot use music royalty free and WILL pay royalties if the song is played on their network. This is most always the case for public performance of a song. So if a company comissions a jingle song on MusikPitch, they will only pay the one-time prize amount. When that ad jingle is later played on the radio or TV, the station playing the song will pay the performance rights organizations (PROs) for the right to play that music. Those societies will in turn pay the songwriter. If a film underscore is written, then the studio will only pay the one-time fee for the music and won’t have to worry about paying royalties for each play of the song in the movie during theater showing. If the movie makes it onto NBC television later, then NBC will pay performance royalties to the PROs. So it is true that the initial purchaser of the music will be getting royalty free music, but it doesn’t mean that the music is royalty free for everyone who plays it.

5) Music licensing has to be done through a label or music publisher.

Although this may have been the case a couple of years ago, this is definitely not the standard today. It is still common for an organization seeking music to license that music from a label or music publisher. Labels control a large portion of popular music from the past couple of decades along with music publishers. In order to use a popular song, one must discover who owns the rights to that song and work with them to license it for their purposes. This can be a hassle and many film/TV studios, music supervisers, and others have realized the benefit of using independent artists. The licensing costs for using independent artists are much less than trying to license a song from a record label or prominant publisher. If a studio really likes a specific song that is out of their price range, they can always commission a composer to write a similar sounding piece at a much lower price. Their are also tons of music libraries online to search for inexpensive music to license. Of course, the newest option of crowdsourcing music on sites like MusikPitch may be the easiest (and most fun). Simply run a contest for the music needed and let songwriters around the world compete by composing or searching their catalogs for the perfect song match.

Licensing is a great way to make money by placing your songs in film, TV, commercials and video games. This article explains what licensing is and how it works so that you can join the legions of music artists who are enjoying additional income from having their music licensed.

What is licensing?

Licensing means granting permission for the use of one’s music to which you own the copyright.

Certainly the goal of an artist who writes their own music (a la the copyright owner) is to maximize the revenues generated by the musical composition.

When you license the use of your song, say in a TV show, you not only get a fee for the use of the license, but it gives the song and the artist greater exposure to the listening public, which can increase one’s fame and fortune. The use of music in the TV program, “The OC,” has launched the careers of several previously unknown independent artists, Rooney, in particular.

Before we dive into how to get your music licensed, we need to go over some terms that are commonly used with licensing.

Copyrights

Be sure to file a completed copyright form along with a copy of the music with the US Copyright office before attempting to license your songs.

You can find the forms and instructions at www.copyright.gov. There are two copyrights for a song; a copyright for the sound recording (Form SR) and a copyright for the underlying song (Form PA). For our purposes here, let’s clarify that we are talking about licensing original music of an Independent Artist who is not signed to a label or a publishing company and who owns both these copyrights.

Publishing

Publishing is one of the most complex parts of the music business and yet it can be the most lucrative area of income for musicians. Music publishing is the owning and exploiting of musical copyrights. A song is made up of two equal shares: the writer’s share and the publisher’s share. Songwriters affiliate with Publishers because their main job is to commercially exploit (increase use and value of) songs. Most independent artists/musicians are their own publisher, and therefore own 100% share of the song. If that is you, then this is why you want to get educated on how to pursue licensing for your music.

Licenses

The license for use of the sound recording is called theMaster Use License. The license for the underlying song is called the Synchronization License (aka synch license), used when a musical work is synchronized in time with visual images, either background, theme or feature use in TV shows and Film.

Now we know the basic terms…time to learn what to do next.

Do your research by watching existing TV programs and write down every show you think your songs would fit into. From TV programs including reality TV, types of scenes in movies, video games, and commercials. Learn to think and listen visually; everything visual has a potential sound accompaniment.

Music & Presentation

What you will send will be a CD of your music with the track listing and contact information on both the CD case and the CD label, and a great cover letter indicating the genre, maybe who you sound similar to and which production would fit the music. Do not send a bio, reviews, photo or any extraneous paper because the music is what is being considered, so the rest will just be thrown away and not strengthen your case.

Research & Relationships (DIY licensing)

This side of the business is like all the others, driven by relationships. Start networking and reaching out with purposeful letters, calls or emails to those in the film and TV industry.

A really good start for the Independent Artist is to work with college students who are working on independent films. Although there will most likely be too low of a budget to pay you, you can begin building your resume/reel of having your music placed.

Next, begin researching who the music supervisors are on the programs you seek. Check credits in TV shows and movies. Go to film festivals and conventions such as The Film & TV Music Conference that music supervisors attend and meet them. Other sources to locate them are “The Film & Television Music Guide” (www.musicregistry.com) where you can find contact information for Music Supervisors and Music Publishers specializing in film and TV placement. You can also get leads by reading trade magazines like “Hollywood Reporter” and “Variety.”

The Music Supervisor

Music Supervisors are constantly looking for music of independent artists who release their own CDs. Independent artists are willing to negotiate for a lesser amount (with the risk that a TV show may not even survive the season, music supervisors try to keep costs down) and can create new music without having to get permission from a label or have a label delay the time sensitive process.

If you are a fan of a particular show and your music seems to you that it would be perfect, send a letter to the musical supervisor and let them know you are a fan and you have a song that you believe will work for the show & tell them which situation/ mood it would be best for.

The better you know the business of licensing and the terms used, the more likelihood for establishing a relationship with a music supervisor who finds you easy to work with and that, along with your obvious talent, can build a lasting alliance. An insider tip from a music supervisor told me if you
write “all sync & master controlled” or “pre-cleared” on the CD label and CD case, that they will know immediately your music is ready for use which is invaluable to them when time is an issue and that alone can help your song beat out another’s.

Negotiation & Getting paid

They want your song! Now what? A good idea when first licensing your music is to have a manager or attorney or someone who really understands licensing to help you evaluate the deal for use of your music. Things to be considered are intent of use, scope, and fee. Once there is a verbal agreement, make sure to get it in writing as well.

It is important not to devalue the song by licensing it for whatever a user offers. But also be aware that music supervisors may let you know their budget constraints give them no room for negotiation; that’s when you determine if the exposure is going to make the deal worthwhile. Think of unknown group, A3, placing their song “Got Yourself a Gun” in the then un-known HBO pilot, “The Sopranos.”

Walk away from any deal that asks for 1. your publishing 2. exclusive rights to your songs 3. your music in any way they want and for any length they want.

Good Songs in the Right place

There will always be a demand for good songs and music is used in every visual platform, so you, the artist/musician/ songwriter, have a great opportunity to make money in this business through licensing. Continue to educate yourself about publishing & licensing, continue to nurture relationships with people who place music, and continue to write and record fantastic songs.

Kerry Fiero is an Artist Manager, Director of the San Francisco Chapter of NARIP (National Association of Record Industry Professionals) and an adjunct professor at San Francisco State University teaching Music Artist Management and Music Marketing. Her company is Strive Management.

Author: Kerry Fiero
Article Source: ezinearticles.com

An example of some of the music available for licensing on audio jungle!



You can also check out some other loops, sound effects, idents, jingles and more here... http://audiojungle.net/user/dxvid/portfolio

I just want to share a quick tip with you. When you're in the studio recording tracks with the idea of pitching them to TV and Film licensing opportunities, make sure to also get an instrumental version of all of the tracks that you record. Sometimes libraries and publishers will only be interested in instrumental versions of your songs, even if they were originally recorded with vocals.

I recently pitched a group of songwriter's tracks to a prominent music publisher. All of the tracks I pitched were vocal tracks, but the publisher was primarily interested in signing instrumental versions of songs from several of the artists. Most of the artists in question had instrumental versions of their tracks on hand, but a couple didn't and so they missed out on signing with a great publisher who has placed numerous tracks in feature films and network television shows.

I also suggest having a couple different mixes on hand as well, one with the vocal more upfront and one with the vocal turned down. Sometimes supervisors will prefer that the vocal track of your songs are mixed very low so they don't distract with the scene the song is being used in. Other times supervisors will be looking for songs with more prominent vocals to support the plot of the show or film your song is being used in.

Basically, try to be as prepared as possible with several different mixes, so if one mix doesn't meet the needs of whoever you're pitching to, you'll have another one ready to go that does.

Aaron Davison is a Berklee College Of Music Alumnus who has been working in the music business for over ten years. His songs have been heard on a variety of television shows and he has performed live throughout the world. Visit Aaron's website, http://www.howtolicenseyourmusic.com, for more information on getting your songs placed in TV and Film.